FATTESING PUNAJI DHABRE,NAGPUR vs. PRINCIPAL COMMISSIONER INCOME TAX – 2, NAGPUR

In the result, this appeal of assessee is allowed

Bench: Shri Pawan Singh & Shri Khettra Mohan Roy(Physical Hearing) Fattesing Punaji Dhabre Pcit – 2, Nagpur Plot No. 132, Chandan Nagar, Post Vs Aayakar Bhawan, Civil Lines, Hanuman Nagar, Nagpur, Maharashtra – 440001. Maharashtra – 440009. [Pan: Bacpd6505Q] Appellant / Assessee Respondent / Revenue Assessee By Shri Madhav Vichare, Ca Revenue By Shri Pankaj Kumar, Cit–Dr Date Of Hearing 17.02.2026 Date Of Pronouncement 24.02.2026 Order Under Section 254(1) Of Income Tax Act

1), Nagpur submitted a proposal under section 263 vide proposal dated 06.02.2020. The proposal was sent through Additional Commissioner of Income Tax, Range–3 vide his letter dated 17.02.2020 agreeing with the proposal of assessing officer for revision. The ld. PCIT in para 4 of his order recorded that in receipt of proposal under section 263, he examined the record

PRITAM SINGH CHARAN SINGH GUJJAR,NAGPUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4,, NAGPUR

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durga Rao

263 was not called for. (1981) 131 ITR 0597 (Supreme Court) K.P. Varghese Vs. Income Tax Officer & Anr is under section 52(2) and has no relevance to section 50C which is a deeming provision where there is no duty to prove that consideration is passed.. 5.5 In the decisions the Tribunal after analyzing the facts that the difference

VIKAS GUPTA ,INDORE vs. PR. COMMISSIONER OF INCOME TAX (CENTRAL), NAGPUR, NAGPUR

In the result, assessee’s appeal stands allowed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

gain. It provides that from the full value of the consideration received or accrued to an assessee on transfer of capital assets, the cost of acquisition, cost of any improvement and any expenditure incurred in connection with the transfer are to be debited. This expression “full value of the consideration” is to be deemed equivalent to the amount on which

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), NAGPUR, NAGPUR vs. M/S. SUFLAM INFRA PROJECT LTD, NAGPUR

In the result, the departmental appeal is dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

gainful to consider the assessment order dated 30/12/2016, to have a clear understanding of the case. “ASSESSMENT ORDER Return of income U/s 139(1) of the I.T. Act, 1961 was filed on 22/09/2014 by the assessee showing total income of Rs.3,74,72,758/- 2. A Search and seizure operations u/s.132 of the Income-tax Act, 1961, was conducted

SUFALAM INFRA PROJECTS LTD ,NAGPUR vs. PR. CIT (CENTRAL ), NAGPUR

In the result, the departmental appeal is dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

gainful to consider the assessment order dated 30/12/2016, to have a clear understanding of the case. “ASSESSMENT ORDER Return of income U/s 139(1) of the I.T. Act, 1961 was filed on 22/09/2014 by the assessee showing total income of Rs.3,74,72,758/- 2. A Search and seizure operations u/s.132 of the Income-tax Act, 1961, was conducted

ASSTT.COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(1), NAGPUR vs. M/S RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

263 in case of appellant is doubt, because of the close connection and proximity of the business transaction. [iii] The sale of flats in the project was never doubted or questioned by the department and the sales as per books of account were duly accepted. Therefore, if at all the appellant has made such huge unexplained expenditure, he must have

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), NAGPUR vs. M/S. RADHA RADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

263 in case of appellant is doubt, because of the close connection and proximity of the business transaction. [iii] The sale of flats in the project was never doubted or questioned by the department and the sales as per books of account were duly accepted. Therefore, if at all the appellant has made such huge unexplained expenditure, he must have

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), NAGPUR vs. M/S. RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

263 in case of appellant is doubt, because of the close connection and proximity of the business transaction. [iii] The sale of flats in the project was never doubted or questioned by the department and the sales as per books of account were duly accepted. Therefore, if at all the appellant has made such huge unexplained expenditure, he must have

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), NAGPUR vs. M/S. RADHA MADHAV DEVELOPER , NAGPUR

In the result, all the six appeals preferred by the department are dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

263 in case of appellant is doubt, because of the close connection and proximity of the business transaction. [iii] The sale of flats in the project was never doubted or questioned by the department and the sales as per books of account were duly accepted. Therefore, if at all the appellant has made such huge unexplained expenditure, he must have

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1),NAGPUR, NAGPUR vs. M/S. RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

263 in case of appellant is doubt, because of the close connection and proximity of the business transaction. [iii] The sale of flats in the project was never doubted or questioned by the department and the sales as per books of account were duly accepted. Therefore, if at all the appellant has made such huge unexplained expenditure, he must have

ASSTT.COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(1), NAGPUR vs. M/S RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

263 in case of appellant is doubt, because of the close connection and proximity of the business transaction. [iii] The sale of flats in the project was never doubted or questioned by the department and the sales as per books of account were duly accepted. Therefore, if at all the appellant has made such huge unexplained expenditure, he must have

SAN FINANCE CORPORATION,NAGPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, NAGPUR

In the result, appeal filed by the assessee is dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

gain. All such details have were required to be examined by the Assessing Officer and he has examined nothing. For the reasons stated above, we are of the opinion that it is a fit case for invoking the provisions of section 263 of the Act. We find that the order passed by the Assessing Officer is erroneous inasmuch

SHRI AMJAD AHMED SHEIKH,NAGPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-2, NAGPUR

In the result, appeal filed by the assessee is dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

1) of section 263 of the Act. I, therefore, propose to revise the said assessment order. 8. You are hereby given an opportunity of being heard in the matter on 16.02.2021 at 3.00 P.M. at 2nd floor, Saraf Chambers, Sadar, Nagpur. 9. You may file a reply regarding the proposed revision, together with necessary supporting evidence, at the time

NIRMALKUMAR AGRAWAL HUF,NAGPUR vs. INCOME TAX OFFICER, WARD-2, BHANDARA

In the result, assessee’s appeal stands allowed

Bench: Shri Narender Kumar Choudhry & Shri K.M. Roy, Accountant, Member

263) proceedings) 147 r/w section 144B) Notice u/s 142(1) dt Pg.4, Para–3.2 Pg.5, Para–1 21/02/2023 • The loan was stated • We have to submit by the assessee to (Refer Paper Book Page that no interest has be given without no.12) been paid to M/s. interest while the Navdurga Advisory profit motive. Pvt. Ltd. • You are requested to Pg.7

DY. C.I.T. CIR-.5, NAGPUR vs. M/S AVANTHA HOLDINGS LTD.,, CHANDRAPUR

In the result, appeal filed by the assessee is dismissed

1 (SC). We on perusing the evidence on record find that learned CIT(A) has dealt with the facts and evidence on record extensively while granting relief in the case of appellant. Detailed order passed by the CIT(A) indicating reason for deleting the addition has been reproduced in the paragraphs hereinabove. We are in agreement with the findings

AVANTHA HOLDINGS LIMITED,NEW DELHI vs. A.C.I.T. CIR-5,, NAGPUR

In the result, appeal filed by the assessee is dismissed

1 (SC). We on perusing the evidence on record find that learned CIT(A) has dealt with the facts and evidence on record extensively while granting relief in the case of appellant. Detailed order passed by the CIT(A) indicating reason for deleting the addition has been reproduced in the paragraphs hereinabove. We are in agreement with the findings

ATUL MANOHARRAO YAMSANWAR,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE 2(1), NAGPUR

263/ΝAG/2022 ATUL YAMSANWAR (PAN: ΑΑΕPY4543Q) 31 Umesh Sadashiv Thakre Α.Υ. 2016-17, 2017-18, 2018-19, 2019-20 & 2020-21 5 ITA/238 & 264/NAG/2022 VISHWAS CHAKNALWAR (PAN: ABDPC0828J) 6 Ν.Α. M/S A V REALITIES (PAN: ABFFA9554M) 2. With respect to the abovementioned cases, it is submitted that during the previous hearing on 18/02/2025, this office had filed

TUSHAR AMBADAS PATIL ,NAGPUR vs. COMMISSIONER OF INCOME TAX NAGPUR -1, NAGPUR

In the result, appeal of the assessee is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.44/Nag/2019 िनधा"रण वष" / Assessment Year :2015-16 Tushar Patil, The Principal C/O.Nilesh Toshniwal, Vs Commissioner Of G-004, Smruti Apartments, Income Tax, Nagpur-1. Opp.Dnc, Congress Nagar, Nagpur – 440015. Pan: Ajwpp2501N Appellant/ Assessee Respondent/Revenue Assessee By Shri.Saket Bhatted - Advocate Revenue By Shri Kailash G.Kanojiya– Cit-Dr Date Of Hearing 26/02/2024 Date Of Pronouncement 27/02/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Principal Commissioner Of Income Tax, Nagpur-1 Under Section 263 Of The Income Tax Act, 1961 Dated 14.01.2019 Emanating From The Order Under Section 143(3) Of The Act, 1961 Dated 31.03.2017. The Grounds Of Appeal Raised By The Assessee Are As Under : Tushar Ambadas Patil [A]

capital gain. The 5 Tushar Ambadas Patil [A] Assessing Officer had verified all these facts. Hence Ld.Pr.CIT has erred in invoking provisions of Section 263. The Ld.Pr.CIT is of the opinion that the said income is business income. This is mere change of opinion. Submission of Ld.Departmental Representative(ld.DR) : 4. Ld.DR for the Revenue relied on the order